WP Extension - Review

[uday]

Hi,

My WP is expiring on 27th Aug 2005. THE WP(UK) has rejected the extension application and we have requested for a review of the case. I know while the case the under review, we can continue to stay in the UK after the mentioned expiry date. But, a friend of mine mentioned that we can continue for one month even after the review team has rejected the case. It seems, this is considered as a cool off time for us to shift our family. Is it true?

Further, a solicitor suggested that I can submit a HSMP application alongwith FLR(IED) and continue to stay till the HO arrives on a decision on this case. Can I proceed doing so?

[olisun]

What is the reason for rejection?

[uday]

I am not sure..But, what I am interested is to know :

How long can one stay legally in the country (UK) after the expiration of the WP visa? Is it the 30 days as I mentioned in my original question.

Can I submit the HSMP and FLR(IED) together which entitles me stay in the country legally? (I do not want to stay in the country illegally even for a day)

[olisun]

I can tell you out my experiences that the lawyers in this country give advice just to make money..

They will advise you to apply for HSMP so that you can stay in this country but what they have not told you is if your WP expires before you get you HSMP visa you CANNOT work and getting HSMP approval may take time.

What will you do during that time? and when the problem arises these same lawyers will charge you to fight your case with "NO" gurantee that you will win the case.

Now it's upto you to decide

There must be a reason for rejection and you need to find that out

and what do you mean by HSMP and ILR(IED) together?

[uday]

Hi,

Thanks for your advice.. the reason I have raised this question in this forum is understand the hidden risks..and I fully agree with you that the solicitors will take the situation to their advantage.. but sometimes they add lot of value to a case genuinely..It is a matter of luck and knowing the solicitor in advance.

I am still looking the authentic answers for my questions. Any further legal and published information would be highly appreciated.

[Chris]

Uday, I think Olison has given you a wise advise. If your WP is rejected then you should ask for the reason and try to sort out that before finding an alternative.

[olisun]

when I applied for WP, I got a letter from the HO which mentioned clearly that I should stop working if I don't I have a valid status in the UK to cover the duration till my FLR (IED) is processed.

I don't know what kind of "authentic" answers you are looking for

All the best

[Smit]

There is nothing stopping you from making an HSMP application, the FLR (IED) form is necessary to maintain your "in time" immigration status and these two forms can be filed simultaneously.

As long as your HSMP and FLR (IED) forms reach WP(UK) before your current work permit expires, your immigration status is maintained. However if the FLR(IED) application is rejected (this is independent of the HSMP application), your leave to remain expires and you must leave the UK.

[uday]

Thanks Olisun..that seems authentic enough that HO has sent a letter saying what you have mentioned. Further, the reason for rejection is not being disclosed by my employer..however, they are fighting the case with WP(UK) through a different solicitor.

Thanks Smit.. for making a point.. that FLR(IED) will be decided independent of the HSMP application.. my solicitor suggested that FLR(IED) will be finalized only after receiving a decision from WP(UK) on the HSMP application. I shall check this with the Solicitor.

[olisun]

ohhhhhhh... i thought u were talking about FLR(IED) for you WP...

In that case if your visa ends before a decision is made for your HSMP application then u will have to leave the country